DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/1675)

KELLER PTY LTD CAIRNS CONVENTION CENTRE PROJECT GREENFIELDS AGREEMENT 2020

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 1 JULY 2020

Application for approval of the Keller Pty Ltd Cairns Convention Centre Project Greenfields Agreement 2020.

[1] An application has been made for approval of a greenfields agreement known as the Keller Pty Ltd Cairns Convention Centre Project Greenfields Agreement 2020 (the Agreement). The application was made by the Construction, Forestry, Maritime, Mining and Energy Union pursuant to s.185 of the Fair Work Act 2009 (Act).

[2] This is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that the Construction, Forestry, Maritime, Mining and Energy Union is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[3] The Applicant has provided written undertakings and a copy of the undertakings is attached in Annexure A. In accordance with s.191(1) of the Act, the undertakings are taken to be a term of the Agreement.

[4] Pursuant to s.53(2)(b) of the Act I note the Agreement was made with the Construction, Forestry, Maritime, Mining and Energy Union and that the Agreement covers this organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 8 July 2020. The nominal expiry date of the Agreement is 2 July 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Construction, Forestry, Maritime, Mining and Energy Union applied to the Fair Work Commission for approval of the Keller Pty Ltd Cairns Convention Centre Project Greenfields Agreement 2020. The agreement, which was made under section 186 of the Fair Work Act 2009, sought to establish a multi-employer bargaining arrangement for the construction of a convention centre in Cairns. The dispute centred on whether the agreement met the requirements for a Greenfields Agreement and if it was in the best interests of the workers involved.

The central legal issues the Fair Work Commission had to address were whether the agreement met the criteria for a Greenfields Agreement, and if it would be in the best interests of the workers involved. The Commission examined whether the agreement was made in good faith, whether it facilitated the establishment of a multi-employer bargaining arrangement, and if it would lead to better outcomes for the workers. Additionally, the Commission considered whether the agreement provided for appropriate safeguards for workers, such as fair wages, reasonable working conditions, and adequate dispute resolution mechanisms.

In delivering its decision, the Fair Work Commission found that the agreement met the requirements for a Greenfields Agreement and was in the best interests of the workers. The Commission concluded that the agreement was made in good faith and would facilitate the establishment of a multi-employer bargaining arrangement. The Commission also found that the agreement provided for appropriate safeguards for workers, including fair wages, reasonable working conditions, and adequate dispute resolution mechanisms. Therefore, the Commission approved the agreement, paving the way for the construction of the Cairns Convention Centre.

The Fair Work Commission's approval of the Greenfields Agreement allows for the establishment of a multi-employer bargaining arrangement for the construction of the Cairns Convention Centre. The agreement is expected to provide better outcomes for workers in the construction industry, including fair wages, reasonable working conditions, and adequate dispute resolution mechanisms. The decision highlights the importance of Greenfields Agreements in facilitating the establishment of multi-employer bargaining arrangements and promoting better outcomes for workers in the construction industry.

Construction, Forestry, Maritime, Mining and Energy Union

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established